Road Policing

Question 1

What is Urgent Duty Driving

Answer 1

When an officer on duty is driving above the speed limit or natural flow of traffic and may not be complying with certain traffic rules and is either =

• Responding to a critical incident
• Gathering evidence of an offence
• apprehending an offender for a traffic or criminal offence
• apprehending a fleeing driver
• providing security to and facilitating the movement of an official motorcade as part of an op.
• engaged in activites approved by commissioner in writing.

And are relying on the defences under Land transport road users rule 2004 (RUR) and LTA 1998 for not complying with certain traffic rules and regs which would prevent execution of duty.

Question 2

Critical Incident Defined

Answer 2

Situations where:
- Force or threat of force is involved
- any person faces the risk of serious harm
- police are responding to people in the act of committing a crime

Question 3

Fleeing driver definition

Answer 3

A fleeing driver is a driver who has been signalled to stop by an enforcement officer but fails to stop or fails to remain stopped.

Purpose of fleeing driver policy is to guide the risk assessment and decision making if a driver fails to stop or fails to remain stopped.

Question 4

Police response to a fleeing driver event must be….

Answer 4

• Reasonable, proportionate and necessary
• Lawful
• Justified considering all circumstances AND
• Compliant with police instructions and policy.

Question 5

Purpose of Fleeing driver policy

Answer 5

Is to achieve safest outcome balanced with our policing functions (as stated in the policing act 2008).
- Keeping the peace
- Maintaining public safety
- Law Enforcement
- Crime Prevention
- Community support and reassurance.

Question 6

Tactical options to monitor or stop the vehicle

Answer 6

EAGLE - initiated by ECC
AOS for non compliant vehicle stop - initiated by Pursuit controller or AOS/STG Commander
DOGS - initiated by ECC
TEMP ROAD CLOSURE- S/S S30 & 32.
CORDON and CONTAIN
TDD - Initiated by ECC, Trained police, ECC Shift commander for deployment on heavy vehicles.

Question 7

Fleeing driver - Post abandoment

Answer 7

If vehicle is located and is still driving permission from Pursuit controller must be obtained before signalling to stop.

Permission will only be given if one of the justifications in the Fleeing driver framework exists.

If ok is given and pursuit granted, Pursuit controller advises of clear plan and tactics to resolve fleeing driver event if driver fails to stop.

If urgent duty driving post abandonment is required all things need to be consider to justify your response.

Any subsequent pursuit with a vehicle or driver of a previously abandoned pursuit is a new event.

Question 8

Fleeing driver policy - post Fleeing driver event

Answer 8

Closure

Fleeing driver report to be done by end of shift by initiating unit.

Every flee is to be k6 or k9

When doing report consider if a near miss took place at any time if so a health and safety near miss report should also be completed.

Fleeing driver report must be done regardless of if the decision to pursue was made or not.

Question 9

LTA 1998- Section 113(1)

Answer 9

113 (1) A enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforceent officer may enforce:
- Local govt act 1974
- local govt act 2002
- road user charges 2012
- Govt roading powers act 1089
- Railways act 2005
- LT management act 2003 and LTA 1998

Question 10

Section 113 the rest…

Answer 10

An enforcement officer in enforcing any provisions referred to in subsection (1) may at any time –

Direct person on the road whether in charge of a vehicle or not to give the person‘s full name, full address, date of birth, occupation and telephone number

Inspect, test, and examine the brakes or any part of a vehicle on a road or any associated equipment or

Inspect any transport document, or a document resembling a transport document displayed or carried on the vehicle

If the officer BORG a vehicle is an obstruction on the road may enter for the purpose of moving it

Direct the driver or person in charge of the vehicle to remove the vehicle from the road

Forbid an unlicensed driver to drive a motor vehicle

Forbid a person who is operating a transport service without a license to operate a transport service

Direct a person using a vehicle or riding or driving an animal on the road to stop the vehicle animal or to cause it to proceed in or keep to a particular line of traffic or direction

Direct a pedestrian not to proceed across the road in contravention of a direction to stop given by the enforcement officer

Answer:
The officer must be in uniform or wearing a distinctive cap, hat, or a helmet, with a badge of authority affixed to it, who is for the time being engaged in the regulation of traffic on the road

Question 11

LTA 119 - Powers of Entry

Answer 11

LTA 119 - Powers of Entry Officer must RAN first

An officer may exercise powers conferred by subsection 2 if the enforcement officer -
a) Has good cause to suspect that a person -
i) Has contravened a request or requirement or demand made under section 114 (other than subsection 1) and
ii) Has also committed or is committing an offence of reckless or dangerous driving offences or is or has recently been driving under the influence of drink or a drug or both and
b) is freshly pursuing that person

2) officer may without warrant in the course of the pursuit enter by force if needed any premises which the person has entered for either or both the following purpose;
a) Determining where or not a power under section 68/69 (BST and Require to accompany) should be exercised in respect of that person:
b) exercising or completing the exercise of any such power in respect of that person (as if the person was in a motor vehicle on a road).

7) Officer who enters any premises under this section may not on those premises arrest under this act accept
- section 68 (Failing to remain for result of BST)
- Section 69 (6) Failing to accompany an enforcement officer for Evidential BT
- 120 Alcohol or drug related offences commited under section 58-62 or assault on an officer

Question 12

LTA 1998 Section 120- Arrest of persons for alcohol or drug related offences or assault on an enforcement officer

Answer 12

Arrest a person without warrant has good grounds to suspect that person has-
Committed offense against any of sections 58 to 62, or
Has assaulted that or any other enforcement officer acting in the course of their duty

Person does not complete a compulsory impairment test and a satisfactory mean manner for the officer who is trained to give the test (s71A)

Question 13

LTA 1998 Section 121 (FARMED) Immobilise vehicle in certain circumstances.

Answer 13

LTA 1998 Section 121 (FARMED) Immobilise vehicle in certain circumstances.

1) An enforcement officer may exercise all or any of the powers in subsection 2 if they believe on reasonable grounds:
Either
i) a person who is for the time being in charge of a motor vehicle because of his or her physical or mental condition -
a) Is incapable of having proper control of the motor vehicle or
b) does not complete a CIT when required under 71A or
C) fails or refuses to under a CIT when required under 71A or
Refuses or failed to allow a blood specimen to be taken
ii) The requirements of any enactment concerning work time or rest time are not being complied with and
b) in the circumstances the direction or action is necessary in the interests of that person or any other person or the public.

2) officer may
- Forbid from driving a motor vehicle for such period as officer specifies
- direct person to drive the vehicle to a specified place where the driver my obtain rest, or where the load on the vehicle or other conditions make it appropriate that the driver should drive to that place.
- take possessions of all ignition keys for the vehicle
- take steps to render vehicle immobile or remove it to a place where it does not constitute a traffic hazard.
3) forbid for EBA subjects that have been positive must be 12 hrs unless officer is satisfied there is good reason for imposing less time.
4) May arrest without warrant a person who fails to comply with a direction given under this section or attempts to do any act that is for the time being forbidden under this section.

Question 14

LTA 1998 Section 121A (FARMED) Immobilise vehicle in certain licence conditions are breached

Answer 14

Forbid class 1-6 learner or restricted licence holders to drive a motor vehicle until they able to comply with the conditions of their licence

Direct to drive to a specified place

Then same as 121 (take keys etc)

Taking keys or immobilising vehicle continues until they are able to drive without breaching licence conditions or another person is able to drive without breaching any laws.

Can arrest if failing to comply with anything above

Question 15

Section 35 of Policing act 2008

Answer 15

1. Police may temporarily close a road to traffic or part of a road leading to or from or in the vicinity of a place if constable has reasonable grounds to believe-

A) public disorder exists or is imminent at or near that place or
b) danger to a member of public exists or may reasonably be expected at or near that place or
c) an offence punishable by 10yr imprisonment has been committed or discovered at or near that place

2. In this section road meaning is from section 315 (1) of local govt act excepet that it includes.
   a) motorway
   b) private road
   c) private way

Temporarily means for a period that is reasonably necessary in circumstances

traffic means all or any specified type of traffic including pedestrian.

Question 16

What is the overriding principle in regards to urgent duty driving?

Answer 16

The overriding principle is that:

PUBLIC and police employee SAFETY takes precedence over the necessity to undertake urgent duty driving.

NO duty is so urgent that it requires the public or police to be placed at unjustified risk.

Question 17

When must warning devices be used when conducting urgent duty driving?

Answer 17

Police must use red and blue flashing lights and sirens at all times while undertaking urgent duty driving UNLESS a tactical approach is used.

Question 18

What is a tactical approach?

What continuous assessment should be made while operating a Police vehicle?

Answer 18

Urgent duty driving without the use of either lights and sirens activated. This increases risks to the safety of Police and public. Therefore, using a tactical approach is the exception rather than the rule.

Answer:
Threat exposure necessity response T.E.N.R should be used while operating a police vehicle and will assist in minimizing the risk

Question 19

Urgent duty driving:
Situations when you would use a tactical approach include:

Answer 19

Approaching the scene of a serious crime in progress

Attending a report of a suicidal person

Obtaining evidence of speeding offence

Any tactical approach must be proportional to the incident. A tactical approach whilst exceeding the speed limit can only be used in justifiable circumstances.

Question 20

Who can abandon a pursuit?

Answer 20

Answer:
The lead or secondary vehicle drivers or their passengers, the field supervisor, or the pursuit controller or the dispatcher, crew member of air support unit (eagle)

Question 21

What should other Police vehicles (excluding lead or secondary vehicles) do during a pursuit?

Answer 21

Answer:
- Must not actively participate in the fleeing driver pursuit or respond unless they are:
- preparing tactical options
- undertaking a temporary road closure
- collecting intelligence
- responding to a pursuit controller direction that could assist in safely stopping the fleeing driver.
- Must cease all non essential communication
- Must not follow behind the pursuit unless directed or approved to do so by the pursuit controller

note: a dog unit where tactically desirable may be in addition to the lead and secondary vehicle

Question 22

Fleeing driver policy - Decision to stop a driver

Answer 22

If fleeing is likely advised ECC (Comms) who MUST be advised of:

• Reason for wanting to stop driver and
• intention to signal the driver to stop and
• if a pursuit is going to be undertaken if driver fails to stop.
• any plan to stop the fleeing driver (eg spikes ahead)

Question 23

Fleeing driver policy - Driver fails to stop

Answer 23

All drivers signaled to stop or fail to remain after being signalled will be managed under this policy including:

• Drivers unaware of the signal to stop
• Drivers unaware of the required action when signalled by police Or
• deliberately fail to stop or remain stopped.

Question 24

Four factors that must be considered in TENR when determining if to pursue.

Answer 24

• Time of day
• Environment (Traffic Conditions/location/area)
• Driver/Occupants (known person?)
• Offence

Question 25

Fleeing driver framework

Answer 25

Is a tool to assist if the immediate risk to safety posed by the fleeing driver justifies a pursuit.

Justifications to initiate or continue a pursuit when EITHER of the below are met.

1. Based on the threat posed by the driver/occupant as determined by the Officers PCA (co-operative, active resistance, death GBH etc) of the situation. OR
2. based on the seriousness of an offence suspected to have been committed by driver/occupant and risk they will continue to offend cause harm or victimisation, known as “offense-harm risk”

Pursuit is possible if PCA is assaultive or above or offence-harm risk is High.

Question 26

Fleeing driver policy - Decision not to pursue

Answer 26

This will be supported and officer must:

• Tell comms no pursuit and to create a fleeing event.
• Immediately reduce speed to put seperation between you and the fleeing driver or if stopped remain stationary.
• deactivate warning lights when below speed limit.
• stop as soon as its safe.
• advise comms your stationary and state location
• resume normal duties.

Enquiries to identify driver and actions taken around this to be recorded in flying driver report.

Question 27

Fleeing driver policy - Decision to Pursue

Answer 27

If justification exists prior to signalling driver to stop (via 1 of 2 justifications met in the fleeing driver framework) a pursuit may be initiated. YOU MUST -

• Tell comms you have initiated pursuit.
• communicate the reason for signalling the stop and justification under the fleeing driver framework (eg High harm-victimisation risk)
• ensure lights and sirens are used at all times.

In all pursuits comms have Command and control.

On going TENR and assessment of the anchoring factors throughout the pursuit as this may change and therefor change the response to the fleeing driver.

Question 28

Fleeing driver Policy - Decision to Abandon Pursuit

Answer 28

Pursuit must be stopped if:
1. If TENR determines risk outweighs the necessity to keep going then pursuit must be abandoned.

2. Unit has sustained loss of visual contact with fleeing vehicle.
3. ECC has sustained loss of communication with units in pursuit.

Any unit can recommend a pursuit be abandoned, HOWEVER a pursuit can only be ORDERED to stop by:

• Lead or second vehicle, drivers or their passengers.
• Field supervisor
• A crew from Eagle
• The pursuit controller or dispatch.

Once Pursuit is called to stop all units must:

• Immediately reduce speed to put seperation between you and the fleeing driver or if stopped remain stationary.
• deactivate warning lights when below speed limit.
• stop as soon as its safe.
• advise comms your stationary and state location
• Consider options on how to hold driver to account.

Question 29

What legislation is relevant to a fleeing driver pursuit?

Answer 29

Sec 114 Land Transport -
A constable in a vehicle following another vehicle by displaying flashing blue and red lights or sounding a siren, to require the driver of the other vehicle to stop

Sec 9 Search and Surveillance-
Empowers a constable to stop a vehicle if they have reasonable grounds to suspect that a person is unlawfully at large or has committed an offence punishable by imprisonment, and believes the person is in that vehicle.

Question 30

Does Sec 114 permit police to stop a vehicle for any reason at all (eg to stop vehicle to interview passenger)?

Answer 30

No

Sec 114 (previously Sec66) does not give police unrestricted rights to interfere with the activities of the citizen.

Case law:
In regards to wanting to speak to the passenger, as the constables were not concerned with any aspect of the Land Transport Act, they could not rely on the powers of Secton (114)

Question 31

What is an underlying safety consideration when urgent duty driving is to be engaged?

Answer 31

That no duty is so urgent that it requires the public or Police to be placed at an unjustified risk.

Question 32

What are the overall principles regarding fleeing drivers?

Answer 32

SAFETY of police staff, public, vehicle occupants (esp if children or YP) takes priority over the immediate apprehension of a fleeing driver.

All fleeing driver events to be reported and appropriate action taken. An investigation is a viable alternative to starting or continuing a pursuit.

A pursuit is only justified if at least one of the justifications in the Fleeing driver framework is met.

Actions/behaviour of driver prior to police presence must be used in the TENR assessment and in determining the correct response.

A decision not to pursue or to abandon will be supported by police. no one can be told to continue a pursuit against their judgement.

Fleeing events will be reviewed promptly to identify and manage or escalate Health and safety risks, training issues systemic issues or lessons learnt.

Staff may be criminally liable under legislation for fleeing driver events.

Question 33

Q
What must you consider as part of your initial TENR risk assessment for starting a pursuit

Answer 33

– the initial threat posed by the occupant/s
-The necessity to immediately apprehend the driver and passengers
- The risk of harm to any person created by commencing a pursuit

Question 34

Under section 114 of the Land Transport Act 1998a what power does an officer have?

Answer 34

Enforcement officer may require the driver of the other vehicle to stop

Vehicle must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred with or any duties imposed on the officer

Give full name full address date of birth ownership of vehicle details etc. to the enforcement officer

Ask the driver to remain stopped as long as reasonably necessary to enable the officer establish identity of the driver but not for longer than 15 minutes if the requirement to remain stopped is made under this subsection only.

An enforcement officer may arrest a person without warrant if the officer has good cause to suspect a person of failing to comply with this section or a signal request or giving false or misleading information under this section.

Question 35

What was held in TAPARA v Police? S114 LTA
Wanting to speak with passenger.

Answer 35

Court held that the constables who wished to stop the vehicle under section 66(2) of the Transport Act 1962 (now s114 Land Transport Act 1998) were not justified just because they wanted to speak to the passenger.

There no other justified reason for the vehicle stop associated to driving behavior and under the provisions of section 66 (LTA) do not completely give the officers unrestricted right to stop the vehicle.

Question 36

Tell me about the case law around section 119 when freshly pursing onto private property to breath test?

Answer 36

Section 119 LTA places upon the officer in such circumstances an inescapable duty to identify himself and to tell the person pursued and the occupant of the premises that the power of entry is being exercised under the section; the police failed to discharge that duty.

Question 37

Tell me about the case law where cannabis was smelt and found after police allowed the vehicle to travel for 3.8k and then stopped it using 114.

Answer 37

There is a general power to stop vehicles under s 121(1) of the Search and Surveillance Act 2012 for the purpose of conducting a statutory search if certain prerequisites are met. There is also a power to stop vehicles under s 9 of that Act for the purpose of arresting persons if they are unlawfully at large or have committed an offence punishable by imprisonment.
Staff must ensure that they are familiar with the requirements of these two provisions and their statutory search powers.

It is not lawful to use s 114 of the Land Transport Act 1998 to stop a vehicle for a purpose unrelated to traffic enforcement. Every vehicle stop must be able to be legally justified.

Staff must be clear in their minds what power they are using before stopping a vehicle.

Question 38

Tell me about the case law where two plain clothes officers stopped and talked to suspects without being in uniform or using red and blues. The driver ran off and was charged with this and theft.

Answer 38

The Court held that the procedural requirements of what is now s 114 are not merely technical, and that the failure to observe the elementary requirements of the section meant that the stopping of the vehicle was unlawful, and was an arbitrary detention in breach of section 22 of the NZ Bill of Rights Act 1990. The evidence
resulting from the breach was therefore inadmissible, and both convictions would be quashed.

Question 39

Tell me about the case law where the driver drove off and did not wait for the officer to do a QP and was arrested for failing to remain and failing to stop.

Answer 39

The Court agreed that the statements of principle to be found in Po and other cases: “.. support the proposition that the s 114 power to stop and require a driver to remain stopped may be exercised for reasons that go beyond the obtaining of information of the type referred to in s 114(3) and (5), so long as they are exercised for road transport purposes.”

“The existence or otherwise of any warrant for the arrest of the driver is another line of legitimate inquiry. There is no good reason why a person who is subject to a warrant for arrest for murder should escape detection because an enquiry about the existence of warrants is made after he or she is stopped under s 114. The fact that warrants arising out of road transport offending might exist is a good enough reason to allow inquiries to be made into the existence of any outstanding warrants.”

An enforcement officer who, as a result of inquiries, learns that a motorist is subject to any outstanding warrant may take appropriate action.